Objection! The AU Convention on Ending Violence Against Women and Girls, and the Question of Participatory Legitimacy
Posted: 18 September, 2025 Filed under: Mariam Kamunyu | Tags: ACHPR, advocacy, African Commission on Human and Peoples’ Rights, African feminists, Akina Mama wa Afrika, Anti-Counterfeiting Trade Agreement, AU Convention on Ending Violence Against Women and Girls, AUCEVAWG, civil society actors, ethical implications of exclusion, Fòs Feminista, feminist movements, gender-based violence, international law, legality, Participatory Legitimacy, power imbalances, ravaux préparatoires, Vienna Convention on the Law of Treaties, women and girls in Africa 2 Comments
Author: Dr Mariam Kamunyu
British Academy International Fellow, School of Law and Politics , Cardiff University
In February 2025, the African Union (AU) adopted the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), hailed in some corners as a historic legal instrument addressing gender-based violence across the continent. And yet, for many African feminists, the moment was shocking and bittersweet. The adoption marked the culmination of a drafting process that, by most accounts, was characterised by exclusion and opacity, particularly of the very feminist movements whose decades of advocacy laid the groundwork for such a treaty. This article proffers that the lack of meaningful participation by a cross-section of civil society actors undermines the convention’s political and normative legitimacy, even if its legal validity remains intact.
Harnessing Data for Human Rights and Sustainable Development: A Call to Action from the African Commission on Human and Peoples’ Rights
Posted: 23 January, 2025 Filed under: Hlengiwe Dube | Tags: abuse in data usage, accessible data, ACHPR, advancing human rights, Africa, African Commission on Human and Peoples’ Rights, data access, digital age, digital transformation, discrimination, economic growth, education, election processes, gender equality, governance, harnessing data access, health, human progress, poverty eradication, Privacy Concerns, privacy violations, Resolution ACHPR/Res.620 (LXXXI) 2024, sustainable development, The Africa We Want, unequal access to information, United Nations’ SDGs 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
In a world increasingly shaped by the digital revolution, data has become one of the most valuable resources for economic growth, governance, and human progress. From enhancing public service delivery to promoting political participation, the transformative potential of data is undeniable. However, the rapid advancements in technology also bring significant challenges, including privacy concerns, unequal access to information, and the potential for abuse in data usage. Considering these complexities, during its 81st Ordinary Session in November 2024, the African Commission on Human and Peoples’ Rights (ACHPR), adopted Resolution ACHPR/Res.620 (LXXXI) 2024, which seeks to promote and harness data access as a tool for advancing human rights and sustainable development in Africa.
Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
African Commission’s Revised Declaration of Principles on Freedom of Expression and Access to Information in Africa should be a call to action
Posted: 21 February, 2020 Filed under: Dunia Mekonnen Tegegn | Tags: Access to Information, ACHPR, African Commission, African Commission on Human and Peoples’ Rights, African Union, Cyber Security, Declaration, Declaration of Principles on Freedom of Expression in Africa, election violence, free speech, freedom of expression, online media, Personal Data Protection, social media surveillance, Special Rapporteur, Special Rapporteur on Freedom of Expression and Access to Information in Africa, United Nations Leave a comment
Author: Dunia Mekonnen
Almami Cyllah Fellow, Amnesty International, USA
The African Commission on Human and Peoples’ Rights (ACHPR) revised its Declaration of Principles on Freedom of Expression in Africa to address new technological advances, online activity, and internet restrictions throughout Africa, after deliberating on the draft beginning from April 2018. The Special Rapporteur collected comments from civil society, States parties, and others on the new draft Declaration of Principles on Freedom of Expression and Access to Information in Africa. The Declaration, is based on a series of resolutions adopted by the African Commission in 2012 and 2016.
The impact of Internet shutdowns in Africa
Posted: 21 February, 2019 Filed under: Tomiwa Ilori | Tags: ACHPR, Africa, African Charter on Human and Peoples' Rights, African Governments, Arab-spring, Democratic Republic of Congo (DRC), digital rights, Egypt, electoral malpractices, Freedom of Expression And Access to Information, general elections, ICCPR, ICESCR, internet, internet shutdown, Johannesburg Principles on National Security, national security, public protests, shutdown, Siracusa Principles, state power, Sudan, technology, violations, Zimbabwe 2 Comments
Author: Tomiwa Ilori
LLD Candidate, Centre for Human Rights, University of Pretoria
In the past, authoritarianism like any other form of illegitimacy has always been paranoid of disruptions. The internet, since its decentralisation in the last century, has blurred boundary lines, projected a classless society and looked to upset apple carts in political spaces. It is typical that this form of “magic” that could redefine state power rattled many governments. African governments soon began to show overt signs of paranoia and not too long, Africa became the first continent to experience an internet shutdown in Egypt on 28 January 2011. Since then, several governments in Africa have constantly violated digital rights with the justification of national security which supposes that both are mutually exclusive.
The African Youth Charter and the role of regional institutions in an age of Africa rising
Posted: 6 July, 2015 Filed under: Romola Adeola | Tags: ACHPR, Africa, African Charter on Human, African Commission on Human and Peoples’ Rights, African Union Commission, African Youth Charter, enforcement mechanisms, human rights, Pan-African Parliament, regional, Youth Charter 3 Comments
Author: Romola Adeola
LLD candidate, Centre for Human Rights, University of Pretoria
The African Youth Charter (Youth Charter) was adopted by African heads of states and government in Banjul, the Gambia on the 2nd of July 2006. Upon the attainment of 15 ratifications as required in article 30(2), the Youth Charter entered into force on 8 August 2009.
As the first international treaty on youth development, the Youth Charter bears a significant place in the protection of the rights of young persons. Although its jurisdictional scope is Africa, the Youth Charter sets a standard for the international community in the development of norms for the protection of young persons. In its ‘Definitions’ section, the Youth Charter sets the age for ‘youth or young people’ within the ages of 15 and 35 years. As at 2014, 36 African Union (AU) states had ratified the Youth Charter while 42 AU states had signed.
The Youth Charter contains 31 provisions and places significant emphasis on human rights. While re-emphasising some of the rights contained in the African Charter on Human and Peoples’ Rights (ACHPR), the Youth Charter goes a step further in providing for the right to gainful employment (article 15); right to rest and leisure (article 22) and the right of youths with disabilities (article 24). Articles 10 and 14 of the Youth Charter offer expositions on the content of the right to development of youths in Africa. Importantly, the Youth Charter obligate state parties to ‘promote and ensure through teaching, education and publication’ (article 27) respect for the rights in the Youth Charter. State parties are further mandated ‘to see to it that these freedoms, rights and responsibilities as well as corresponding obligations and duties are understood’ (article 27). Although the Youth Charter obligate state parties to take ‘necessary steps’ in the realisation of the obligations contained in it (article 1(2)); the Youth Charter does not provide adequate enforcement mechanisms at the regional level.
Tanzania’s proposed new constitution and the fate of social and economic rights
Posted: 3 February, 2015 Filed under: Daniel Marari | Tags: ACHPR, African Commission on Human and Peoples’ Rights, CESCR, Commission on Economic, constitution, ESR, exclusion, ICESCR, illiteracy, inequality, International Covenant on Economic, justiciability, poverty, Social and Cultural Rights, social and economic rights, Tanzania 3 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
The United Republic of Tanzania is currently in the process of enacting a new constitution. In the text of the final draft of the proposed constitution (http://sheria.go.tz/index.php?option=com_docman&task=cat_view&gid=44&Itemid=68) currently being deliberated by the constituent assembly, are interesting proposals to include important social and economic rights (ESR) as justiciable rights. But the specific content of rights and scope of obligations to be incorporated therein is a matter that is likely to be controversial. Indeed, judicial adjudication of ESR is a matter that is often still disputed or even entirely rejected in many national legal systems. Like many other domestic jurisdictions, Tanzania adopts the idealized distinction of human rights and the popular perception remains that, for lack of constitutional recognition, ESR are simply objectives and principles of state policy as opposed to legally enforceable rights. Nonetheless, socio-economic rights occupy a central place in the well-being of the human person and the international community has accordingly recognised a positive international legal framework imposing varied obligations to advance these rights.
A deadly blow for women’s rights in Lesotho
Posted: 19 June, 2014 Filed under: Bamisaye Olawaye Oyetola | Tags: ACHPR, African Charter of Human and Peoples’ Rights, Basotho, CEDAW, chieftainship, constitution, Convention on the Elimination of all forms of Discrimination against Women, customary law, democracy, human rights, ICECSR, inheritance, International Covenant on Economic, International Covenant on Economic Social and Cultural Rights, Kingdom of Lesotho, Lesotho, women's rights 30 Comments
Author: Bamisaye Olawaye Oyetola
LLM Candidate, Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria
This article is a result of field research in Lesotho conducted from 5-12 April 2014.
The Court of Appeal of Lesotho (apex court) gave a decision that will make the hearts of all human rights defenders bleed. The decision is a setback to the fight for equality and for the recognition of women’s rights as human rights.
The case in question is that of SENATE GABASHEANE MASUPHA V. THE SENIOR RESIDENT MAGISTRATE FOR SUBORDINATE COURT OF BEREA & OTHERS. (SENATE’S CASE). The judgment was delivered on 17 April 2014.
The facts of the case in brief are; the appellant is the first daughter and only legal child of the deceased chief in Lesotho. Upon her father’s death, the mother assumed the chieftainship position of the deceased. And not too long, the mother passed on and the appellant sought to inherit the chieftainship of her father which devolved to her late mother, she was denied her right. Her half-brother from another woman who her father had not legally married will be entitled to the said title, based on the fact that women are not allowed to succeed their father with regards to chieftainship matters under the customary law of the Basotho people.
The appellant angered by this discriminatory practice, challenged it at the constitutional court but did not succeed; she appealed the decision at the apex court to enforce her right to chieftainship but also had no success.
Survival rights of Eritrean refugees in Ethiopia: The Shimelba refugee camp case
Posted: 8 July, 2013 Filed under: Kbrom Alema Germay | Tags: ACHPR, African Refugee Convention, CEDAW, CRC, Eritrea, Ethiopia, ICCPR, ICECSR, refugee camp, refugees, right to food, right to housing, Shimelba, United Nations High Commissioner for Refugees 4 Comments
Author: Kbrom Alema Germay
Candidate Judge at the Aga’ezi Justice Organs Professional Training Center and Legal Research Institute
Currently, Ethiopia is among the developing countries that are hosting thousands of refugees from Eritrea, Kenya, Somali and Sudan, and that mandates refugee to reside in camps. Some of the refugees in Ethiopia live in the northern parts of the country in a camp called the Shimelba refugee camp. Refugees in this particular camp lived in Eritrea and fled to avoid military service, religious persecution and ethnic discrimination. This camp is situated is in a place widely recognised for its diverse settings and agro-ecosystems, displaying a wide array of environmental problems and vulnerabilities. To this end, the lands are fragile and vulnerable to both natural and human generated calamities, ranging from the shortage of or unpredictable rainfall to species and resource base depletion and degradation rendered more acute by the effects of drought. The location of the camp site is isolated. The environmental conditions are difficult, with temperature ranging up to 42 degree Celsius. The Ethiopian government in collaboration with the United Nation High Commissioner for Refugee (UNHCR), oversight and manages Shimelba.
Ethiopia is signatory to the 1951 Convention relating to the Status of Refugees and its Protocol. Regionally, Ethiopia is also a party to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa (African Refugee Convention). Besides these refugee-specific instruments, Ethiopia is also a party to most of international and regional human rights instruments such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International Convention on Torture, Inhuman and Degrading Treatment; the Convention on the Rights of the Child; the Convention on the Elimination of Discrimination Against Women; and the African Charter on Human and Peoples Rights, therefore reinforcing the protection for refugees.
Right to food: A ‘black and white’ choice?
Posted: 25 April, 2013 Filed under: Bereket Kefyalew | Tags: ACHPR, Africa, African Commission, CEDAW, civil society, Committee on Elimination of Discrimination Against Women (CEDAW), CRC, democracy, Ethiopia, food security, human rights, ICCPR, ICESCR, NGOs, right to food, UDHR 3 Comments
Author: Bereket Kefyalew
Freelancer based in Copenhagen, Denmark
The Ethiopian government often associates its developmental ideology with the East Asian model, while at the same time defining itself as a progressive democratic government. Paradoxically, the government defends itself from prodemocracy critics by arguing that food security comes first, then slowly comes democracy. Within this context, I analyse the right to food as a legal concept and how it can be used as a means to achieve food security in Ethiopia.
Ethiopia has ratified and adopted the main instruments establishing the right to food such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Covenant on the Rights of the Child; the Convention on the Elimination of All forms of Discrimination Against Women; and the African Charter on Peoples’ Rights. Ethiopia is also bound by international humanitarian law, having ratified the Geneva Convention of 1999 and the Additional Protocols thereto of 1977.
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